Statute of Limitations Legal Definition
“What is a Statute of Limitations?”
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Statute of Limitations
Statute of Limitations legal definition: A statute of limitations is a type of state or federal law that restricts the time by which a person can take legal action. Essentially, the function of a statute of limitation is to limit the time someone may file either criminal and civil cases.
Statutes of Limitation and Car Accident Cases
Car accident injury victims have a limited time frame to file a claim for legal compensation. In the state of Pennsylvania, personal injury claims stemming from car accidents must be filed within two years of the date the injury was suffered.
However, Pennsylvania operates under what’s known as discovery rules, which extends the statute of limitations in some personal injury actions. Under the discovery rule, the statute of limitations begins on the date the injury victim becomes aware of – or should have become aware of – an injury caused because of someone else’s negligence.
The statute of limitations for wrongful death suits in Pennsylvania is two years from the date of death.
There are also special rules for minors, who must file personal injury actions within two years of their 18th birthday instead of two years from the date the injury was suffered.
Statutes of Limitations and Medical Malpractice Case
In Pennsylvania, medical malpractice claims must be filed within two years of when the injury or illness was suffered. The discovery rule applies to medical malpractice claims – which means that a suit must be brought two years from when the injured party becomes aware of or should have been aware of, the injury or illness.
Statutes of Limitations and Personal Injury Cases
The statute of limitations for personal injury cases in Pennsylvania is two years. This applies to all types of personal injury actions, including:
Product liability cases
Slip and fall
Statutes of Limitations and Workers’ Compensation Cases
Statutes of limitations dictate the time frame an employee injured on the job has to file a workers’ compensation claim. In Pennsylvania:
Three years from the date of injury to file a workers’ comp claim
Three years to seek reinstatement of workers’ compensation benefits in cases where a claim has been terminated or
300 weeks from the date of last exposure in occupational disease claims
“If someone has a serious case, they will get a great effort and a great outcome working with us,” award-winning attorney Victor Pribanic of Pribanic & Pribanic told Best Lawyers Magazine.